Louise and David Turpin appear in Riverside County Superior Court on Wednesday, June 20 for a preliminary hearing on charges that include torture and child abuse. The couple are accused of mistreating 12 of their 13 children. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)

One count of child endangerment was dismissed. Riverside County Superior Court Judge Bernard J. Schwartz said the youngest child, 2 years old, didn’t appear severely malnourished as did most of the other 12, some of whom exhibited physical and cognitive growth so stunted that they appeared years younger than their actual ages.

Louise Turpin, left, talks to her attorney, Jeff Moore, as she appears in Superior Court in Riverside County on Wednesday, June 20 for a preliminary hearing with husband David Turpin, not pictured. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)

David Turpin, center, appears in Superior Court in Riverside County, Calif. on Wednesday, June 20, 2018 for a preliminary hearing on charges that include torture and child abuse. David Turpin and wife, Louise Turpin are accused of mistreating 12 of their 13 children. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)

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Louise Turpin, left, talks to a bailiff as she appears in Superior Court in Riverside County, Calif. on Wednesday, June 20, 2018 for a preliminary hearing with husband David Turpin, not pictured, on charges that include torture and child abuse. The couple are accused of mistreating 12 of their 13 children. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)

David Turpin, center, appears in Superior Court in Riverside County, Calif. on Wednesday, June 20, 2018 for a preliminary hearing on charges that include torture and child abuse. David Turpin and wife, Louise Turpin are accused of mistreating 12 of their 13 children. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)

Louise Turpin, left, talks to her attorney Jeff Moore as she appears in Superior Court in Riverside County, Calif. on Wednesday, June 20, 2018 for a preliminary hearing with husband David Turpin, not pictured, on charges that include torture and child abuse. The couple are accused of mistreating 12 of their 13 children. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)

Louise Turpin, left, with her attorney Jeff Moore, and husband, David Turpin, center, with his attorney Allison Webb appear in Superior Court in Riverside County, Calif. on Wednesday, June 20, 2018 for a preliminary hearing on charges that include torture and child abuse. The couple are accused of mistreating 12 of their 13 children. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)

Louise and David Turpin appear in Riverside County Superior Court on Wednesday, June 20 for a preliminary hearing on charges that include torture and child abuse. The couple are accused of mistreating 12 of their 13 children. (Photo by Watchara Phomicinda, The Press-Enterprise/SCNG)

Deputy Public Defender David J. Macher, the attorney for David Turpin, said he would “probably” seek to move the case out of Riverside County if it goes to trial because of the publicity it has received. Louise Turpin’s attorney, Jeff Moore, declined to comment on the issue. District Attorney Mike Hestrin has previously said he wants to try the case locally. The case has received worldwide attention.

Macher argued that the couple’s actions didn’t meet the definition of torture that he cited, “malevolent and cruel actions.”

Schwartz disagreed.

“There is a plethora of evidence … beginning with the feeding of the children,” the judge said. The diet of peanut butter sandwiches, jalapeno bologna sandwiches, chips and frozen burritos left many of the children undersized for their age, as much as some 40 pounds underweight and mentally impaired.

Schwartz also cited bruising from chaining and a lack of medical care. “It was somewhat astounding to me that the children had never seen a dentist,” he said.

Macher tried to distance David Turpin’s actions from those of his wife. But there was testimony, some of which the defense characterized as hearsay, that chaining some of the children was David Turpin’s idea.

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Deputy District Attorney Kevin Beecham said that David Turpin was responsible for some of the physical abuse when the Turpins lived in Texas. If the disobedience continued, the punishment would progress from being hit or thrown around the room to being hit with the buckle end of a belt to being spanked with an oar or paddle to being struck by a tent pole with a frayed metal end to being placed in a cage.

Beecham said David Turpin didn’t perpetrate much of the physical abuse after the family moved to Murrieta in 2010 because the children behaved better out of fear.

“He conditioned the children over decades of torment and physical abuse,” Beecham said in his closing argument. In Riverside County, “He was not sitting idly by. He was a direct perpetrator of neglect.”

Schwartz said that Louise Turpin inflicted most of the physical punishment, but David Turpin had a duty to stop her and failed to do so.

Schwartz let stand the lewd acts charge against David Turpin. According to testimony, while sitting, he pulled down the pants of one of his daughters either once or twice and put her on his thigh. He didn’t touch her private parts, an investigator said. Schwartz said he was influenced by testimony that Turpin had forced kisses on that daughter on a different occasion.

Brian Rokos writes about public safety issues such as policing, criminal justice, scams, how law affects public safety, firefighting tactics and wildland fire danger. He has also covered the cities of San Bernardino, Corona, Norco, Lake Elsinore, Perris, Canyon Lake and Hemet. Before that he supervised reporters and worked as a copy editor. For some reason, he enjoys movies where the Earth is threatened with extinction.